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  1. #9
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    Re: In view of section 4(1)(b)(v) It is not the duty of PIO to supply the proper rules and regulations.


    Ultimately that penalty may recovered with erring officers.


    › Find content similar to: In view of section 4(1)(b)(v) It is not the duty of PIO to supply the proper rules and regulations.



  2. #10
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    Re: In view of section 4(1)(b)(v) It is not the duty of PIO to supply the proper rules and regulations.


    Under Section 25(5), the CIC or SIC can "recommend" steps to the PA for conforming to the Act.
    However, no penalty is ever leviable on a PA.

    Moreover, while deciding a Appeal or a Complaint, the CIC/SIC can use Section 19(8)(iii) and (iv).

    In my opinion, a good way (but a long drawn out process) would be, to file a RTI Application with a PIO and ask if the PA itself has published under 4(1)(b)(v) and details of the same. If the PA has not published, atleast it will wake up. If it does not, go for First Appeal and then during the second appeal before the CIC/SIC make a plea to them to invoke Sections 19(8)(iii) and (iv) and require the PA to publish under 4(1)(b)(v).

  3. #11
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    Re: In view of section 4(1)(b)(v) It is not the duty of PIO to supply the proper rules and regulations.


    In support of my above post, please see:

    1. http://cic.gov.in/CIC-Orders/Decision_01062006_5.pdf
    ii) The Chairman, Steel Authority of India Ltd. and the Secretary, Ministry of Steel
    are directed to ensure that the obligations of public authorities, as mandated u/s 4(1) of
    the Act are fulfilled. A compliance report should be furnished at the earliest.

    2. http://cic.gov.in/CIC-Orders/Decision_04042007_03.pdf
    However, having accepted the arguments of the public authority as above, we are constrained to observe that as point out by the complainant, the MoUD is not in full compliance with Section 4 (1) (d). She has, in Annexure-A to her rejoinder also pointed out the gaps in information u/s 4 (1) (b) on the MoUD’s website. A copy of this rejoinder is appended with this decision. The MoUD would be well-advised to examine the suggestions made and adopt them in a manner facilitating public access to information under the RTI Act as mandated by Section 4 of the Act".

    3. http://cic.gov.in/CIC-Orders/Decision_20112006_3.pdf
    In the case of DDA they are
    directed to comply with the provisions of sec. 4(1)(c) & (d) in matters concerning
    them which affect the public in general. Even though they have maintained that
    they have not received the orders of PIO, LG’s office and do not hold the
    information sought in this case, compliance to this direction must be completed
    within one month of the date of issue of this order.


  4. #12
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    Re: In view of section 4(1)(b)(v) It is not the duty of PIO to supply the proper rules and regulations.



    If this section imposing obligation to public authorities to act according to rules regulations and rules must be placed in file. I want remedy under RTI that if public authority is not in position to supply correct information asked by applicant by any reason he must be punished for non supplying of information or not.

  5. #13
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    Re: In view of section 4(1)(b)(v) It is not the duty of PIO to supply the proper rules and regulations.


    Quote Originally Posted by sngupta View Post
    If this section imposing obligation to public authorities to act according to rules regulations and rules must be placed in file. I want remedy under RTI that if public authority is not in position to supply correct information asked by applicant by any reason he must be punished for non supplying of information or not.
    There is no such remedy at present !

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